Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMERCIAL ARBITRATION ACT 2012 - SECT 42

42 .         Transitional regulations

        (1)         If there is not sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.

        (2)         In subsection (1) —

        transitional matter

            (a)         means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Commercial Arbitration Act 1985 to the provisions of this Act; and

            (b)         includes a saving or application matter.

        (3)         Regulations made under subsection (1) may provide that specified provisions of a written law —

            (a)         do not apply to or in relation to any matter; or

            (b)         apply with specified modifications to or in relation to any matter.

        (4)         If regulations under subsection (1) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the day this section comes into operation, the regulations have effect according to their terms.

        (5)         In subsections (3) and (4) —

        specified means specified or described in the regulations.

        (6)         If regulations contain a provision referred to in subsection (4), the provision does not operate so as —

            (a)         to affect, in a manner prejudicial to any person (other than the State), the rights of that person existing before the day of publication of those regulations; or

            (b)         to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

        (7)         Regulations made under subsection (1) in relation to a matter referred to in subsection (3) must be made within such period as is reasonably and practicably necessary to deal with a transitional matter that arises as a result of the enactment of this Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback